MilaMocha

Same here, Restaurant Manager, refusal received yesterday after 17 months. Reason: No genuine need. We will appeal as there is 100% genuine need. Looks like the CO spent 5 minutes on the file, made heaps of assumptions (some very stupid), overlooked facts and number, etc. A very weak refusal, for a very strong case. Sad is- it will add 1-2 years to the waiting game but we’re not giving up.

May I ask if you had anything else besides the application submitted initially, at time of appeal? Or you just appealed with the basic form and then didn't give them anything else until they requested? Thank you

Yes absolutely possible, if your Agent builds a strong case and submits the right documents, proofs, letters etc. the defend the case. Don’t be scared, focus your energy on the appeal and be positive.

Don’t stress at all, just appeal at the AAT. You have your MA and employer’s support. Build a strong case and you might even win based on papers, without appearing. With the recent elections more and more refusals are imminent, based on political reasons. You will be fine.

They will be looking at what you have now. If you have 3 years of experience after RPL now you just need to show this, and that's it.

Well you just said above that you don't so make up your mind.

If the requirement is 3 years experience and you don't have this - you wont get the visa. What you can do is apply for AAT after the refusal which will buy you some time to make the 3 years and win the case that way. How much full-time experience you have at this stage, after RPL?

Ah ok, it seemed to me as you're mentioning a rule, not your opinion, hence my comment.

There is no such thing as 12 months time-frame. The can refuse anytime within the processing time which right now sits at 24 months. There's cases that take more than this and still get refused.

What 12 months of time-frame?

What a joke. No, your employer should chill. They are taking time to open everyone's file.

These 2 are completely different things. In effect is what you have currently, Bridging visa. Received is for the application you have lodged for 187.

Yes, do the Medicals if/when IMMI asks. Re Vevo, I am guessing you are looking at your Bridging visa? If effect means it's been granted and is valid, it is the visa you are currently on.

After the nomination is approved they mostly focus on the medicals and police check. Sometimes RPL and work experience/education too. And is always a good idea to have the Form 80 submitted too.

I had similar experience regarding the IELTS part. I am the secondary applicant and our Agent told me I will have to pay $4000+ at time of application to satisfy the English requirement. He knew I had Australian education and certification, which I enrolled into with satisfactory Academic IELTS scores. At time of application this was no longer valid (over 3 years old) and I guess this is what confused him. I then explained I can use my Diploma as proof. Worst case scenario I should have been asked to retake the IELTS, not pay for it. Why should someone who has had the Academic IELTS once pay over 4k for something they can retake for $300? It's easy for Agents to throw out numbers as it's not them making and paying the money. My advice is to always, ALWAYS, do your own research, and triple check whatever you've been told/advised/asked by your Agent.

187 used to be finalized within a month, now has increased to 2 years. What matters is how much you have worked for the regional sponsor in total, full-time.

Of course, that's the answer they MUST give. The reality is IMMI has zero time and zero resources to deal with people who have been granted PR already, Unless, of course, they do a criminal offence.

Not all 187 are equal, they differ by the visa conditions tied to the grant letter. IMMI assesses cases individually and takes into consideration whether an application is lodged from overseas or not, whether the applicant is working with the nominating sponsor at time of submission, how long has the applicant lived and worked in Australia (with this and other businesses, what positions, etc). It is not all black and white, there are grey areas. This specific case that I replied to is a grey area. The risk comes from the employer reporting you to IMMI of breaching your visa conditions. This specific employee has been granted PR, has zero conditions on his visa, and remains with the same employer. No matter how hard I try I cannot see a risk here.

There is no need to contact IMMI. If you have received both your nomination and visa, that's it, your case is closed.

As I said, if you have no conditions tied to your visa you can work for any business and in any location. In your case, as you would be staying with the sponsoring business just relocating as per their request and needs - you absolutely have nothing to worry about.

If having to work for 2 more years with the sponsor is nowhere mentioned, you don't need to worry if/when/where the business will be moving.

Try logging in into your Visa Entitlement Verification Online (VEVO), this allows visa holders, employers, education providers and other organisations to check visa details and conditions. VEVO tells you: which visa the expiry date the must not arrive after date the period of stay (how long you can stay) conditions (what you can and can't do).

Do you have any conditions listed on your visa, and if so- what are they?

So what was the exact reason for refusal? AAT takes around 1 year and if you win you get 50% of the fee refunded.

Great news but please call yourself a resident, not residence.